Membership Revocation Policy
CHARTER SELPA MAY 2013 CEO COUNCIL
ATTACHMENT 7
MEMBERSHIP REVOCATION POLICY
ISSUE Each Charter SELPA member is expected to meet all of the expectations and obligations outlined in the Charter SELPA membership agreement. It is possible that a charter may not have the capacity to meet the expectations set by the CEO Council. If we were to request a member of the Charter SELPA to seek another SELPA for membership, our existing policy language (last reviewed in 2008) may not be sufficient to meet our current needs and processes. Charter SELPA leadership recommends CEO Executive Committee approve revisions to the membership revocation policy. The policy would then go forward to May CEO Council for approval.
BACKGROUND The Charter SELPA is committed to the success of our members. This policy in no way changes the fundamental core values of our organization and our mission to serve our charter members. We do not anticipate asking any charter members to leave the SELPA; however, we believe that if such an action were to be taken, charters should be fully apprised of what actions could lead to membership revocation. We also believe that an appeal process should be in place to ensure the charter has a voice in the process.
CURRENT CEO POLICY 22 Membership maybe revoked by the CEO Council if it finds that the Charter LEA did any of the following: • Committed a material violation of any of the conditions, standards, or procedures set forth in this policy or the Local Plan. • Failed to meet generally accepted accounting principles, failed to produce required financial information, or engaged in fiscal mismanagement of funds. • Violated any provision of law applicable to the LEA relating to special education. • Has a history of complaints and non-compliance with CDE. The CEO Council shall examine the pattern of conduct by the LEA in implementing special education laws. The decision to revoke may be based on the ability of the LEA to cure and correct violations and/or the LEA’s ability to ensure ongoing, consistent compliance with all applicable special education laws. The Charter LEA will be given notice in writing, and an opportunity to cure and correct the violations cited. The Charter LEA may request a meeting with the CEO Council to appeal and present their case. The decision of the CEO Council shall be final.
CURRENT CEO PARTICIPATION AGREEMENT LANGUAGE (NO REVISIONS PROPOSED) Our current participation agreement provides for either party to terminate the relationship, with a one-year notice. Any LEA member may terminate its Charter SELPA membership at the end of the fiscal year next occurring after having provided twelve months prior written notice as follows: 1. Prior initial written notice of intended termination to the RLA of at least one year, and 2. Final written notice of termination to the RLA no more than six months after the LEA member’s initial notice of intended termination. The RLA County Superintendent of Schools may terminate any LEA member’s Charter SELPA membership at the end of the fiscal year next occurring after having provided twelve months prior written notice as follows: 1. Prior initial written notice of intended termination to the LEA member of at least one year, and 2. Final written notice of termination to the LEA member no more than six months after the RLA’s initial notice of intended termination. For the past two years, the CEO Executive Committee has been very strategic in developing standards for best practices with regards to Charter SELPA participation, unspent funds, audit reviews, and special education student identification rates. We believe that we have clearly defined our expectations, specific measurement points, and follow up process. An important part of our process is the creation of our Integrated Review Team (IRT). An IRT consists of Charter SELPA program and business leadership meeting with the charter school leadership team. The goal is for the Charter SELPA to clearly identify the areas where a charter is not meeting expectations, discuss any underlying issues which may be impacting the findings, and identify how the Charter SELPA can assist the charter in any necessary corrective action. In some instances, a program visit may be done instead of an IRT visit. A program visit would include a Charter SELPA program specialist and/or the Charter SELPA director.
El Dorado Charter SELPA/ Membership Revocation Policy
Page 1 of 3
CHARTER SELPA MAY 2013 CEO COUNCIL
ATTACHMENT 7
MEMBERSHIP REVOCATION POLICY
Examples of existing best practices, measurement points, and identified follow up: A student identification rate of less than 4% may result in a Charter SELPA program visit or IRT visit. Unspent funds greater than 25% will result in an IRT visit. No participation at identified review points will result in a letter of concern and a possible program visit. Annual independent charter audit which shows serious fiscal solvency issues or material findings may result in a letter of concern and/or an IRT visit. In addition to the defined practices for these four areas, the Charter SELPA will have concerns when there are compliance issues identified or leadership issues that cause us to believe that special education services to students may be impacted.
RECOMMENDATION We recommend approval of revisions to CEO Policy 22. The revisions would provide for Charter SELPA to make revocation decisions, with a clearly defined appeal process through CEO Executive Committee. Current policy rests all decision making with CEO Council. This policy was developed in the early stages of the Charter SELPA before the Executive Committee was formed.
REVISED CEO POLICY 22 (PORTION OF POLICY THAT DEALS WITH REVOCATION) Membership maybe revoked by the CEO Council Charter SELPA, if it finds that the charter LEA did any of the following: • Committed a material violation of any of the conditions, standards, or procedures set forth in this policy or the Local Plan; • Failed to meet generally accepted accounting principles, failed to produce required financial information, or engaged in fiscal mismanagement of funds; • Violated any provision of law applicable to the LEA relating to special education; • Has a history of complaints and non-compliance with CDE. • Charter has consistently served a low percentage of students and we do not believe the charter is setting forth their best efforts to identify and serve special education students; • Lack of participation in the Charter SELPA (CEO Council, Steering Committee, trainings, finance committee), which is impacting their ability to provide quality special education services to students; • Charter is experiencing financial issues of such a nature that it is impacting their ability to provide special education services; • Charter has significant special education noncompliance and, in the opinion of the Charter SELPA, is not committed to the necessary organizational investment in training and staffing to ensure future compliance; • Charter is experiencing leadership issues that cause the El Dorado Charter SELPA to believe the charter is not able to appropriately provide services to students with special needs; and • Other issues identified by Charter SELPA staff that impact the ability of the charter to adequately provide special education services to students. The charter member shall be provided with the notice of intent (in writing) and such notice shall include the reasons for the request to revoke membership. The CEO Council shall examine the pattern of conduct by the LEA in implementing special education laws. The decision to revoke may be based on the ability of the LEA to cure and correct violations and/or the LEA’s ability to ensure ongoing, consistent compliance with all applicable special education laws. The Charter LEA will be given notice in writing, and an opportunity to cure and correct the violations cited. The Charter LEA may request a meeting with the CEO Council to appeal and present their case. The decision of the CEO Council shall be final. Appeal Process: If a charter does not agree with the findings and wishes to appeal, they must request in writing an appeal to the Charter SELPA CEO Executive Committee.
El Dorado Charter SELPA/ Membership Revocation Policy
Page 2 of 3
CHARTER SELPA MAY 2013 CEO COUNCIL
ATTACHMENT 7
MEMBERSHIP REVOCATION POLICY
The appeal may request the opportunity to meet directly with the CEO Executive Committee and the CEO Executive Committee will schedule accordingly. A minimum of five members of the Executive Committee shall be present for the appeal process. After the appeal is heard, the Executive Committee shall make a finding and direct the Charter SELPA executive director to notify the charter of their findings. Timeline: El Dorado Charter SELPA (RLA) will provide written notice by June (one year prior to revocation date). Charters are expected to immediately pursue other options for SELPA membership; however, there is an appeal process in place for consideration. Appeals must be submitted by November 1. CEO Executive Committee will hear appeals at the November CEO Executive Committee meeting. CEO Executive Committee will provide written notice of their findings by December 1. CEO Executive Committee may provide conditions the charter must meet in order to have the written revocation rescinded. A review of charter compliance with the conditions of approval must be met by March 1. By March 1, the Charter SELPA will meet with the charter to determine compliance with any conditions provided by the Executive Committee. By March 15, the Charter SELPA will provide the charter with written notice if they have met the conditions. If conditions are met, notice of revocation will be rescinded in writing and the charter may continue membership for the next year.
El Dorado Charter SELPA/ Membership Revocation Policy
Page 3 of 3
ATTACHMENT 7
MEMBERSHIP REVOCATION POLICY
ISSUE Each Charter SELPA member is expected to meet all of the expectations and obligations outlined in the Charter SELPA membership agreement. It is possible that a charter may not have the capacity to meet the expectations set by the CEO Council. If we were to request a member of the Charter SELPA to seek another SELPA for membership, our existing policy language (last reviewed in 2008) may not be sufficient to meet our current needs and processes. Charter SELPA leadership recommends CEO Executive Committee approve revisions to the membership revocation policy. The policy would then go forward to May CEO Council for approval.
BACKGROUND The Charter SELPA is committed to the success of our members. This policy in no way changes the fundamental core values of our organization and our mission to serve our charter members. We do not anticipate asking any charter members to leave the SELPA; however, we believe that if such an action were to be taken, charters should be fully apprised of what actions could lead to membership revocation. We also believe that an appeal process should be in place to ensure the charter has a voice in the process.
CURRENT CEO POLICY 22 Membership maybe revoked by the CEO Council if it finds that the Charter LEA did any of the following: • Committed a material violation of any of the conditions, standards, or procedures set forth in this policy or the Local Plan. • Failed to meet generally accepted accounting principles, failed to produce required financial information, or engaged in fiscal mismanagement of funds. • Violated any provision of law applicable to the LEA relating to special education. • Has a history of complaints and non-compliance with CDE. The CEO Council shall examine the pattern of conduct by the LEA in implementing special education laws. The decision to revoke may be based on the ability of the LEA to cure and correct violations and/or the LEA’s ability to ensure ongoing, consistent compliance with all applicable special education laws. The Charter LEA will be given notice in writing, and an opportunity to cure and correct the violations cited. The Charter LEA may request a meeting with the CEO Council to appeal and present their case. The decision of the CEO Council shall be final.
CURRENT CEO PARTICIPATION AGREEMENT LANGUAGE (NO REVISIONS PROPOSED) Our current participation agreement provides for either party to terminate the relationship, with a one-year notice. Any LEA member may terminate its Charter SELPA membership at the end of the fiscal year next occurring after having provided twelve months prior written notice as follows: 1. Prior initial written notice of intended termination to the RLA of at least one year, and 2. Final written notice of termination to the RLA no more than six months after the LEA member’s initial notice of intended termination. The RLA County Superintendent of Schools may terminate any LEA member’s Charter SELPA membership at the end of the fiscal year next occurring after having provided twelve months prior written notice as follows: 1. Prior initial written notice of intended termination to the LEA member of at least one year, and 2. Final written notice of termination to the LEA member no more than six months after the RLA’s initial notice of intended termination. For the past two years, the CEO Executive Committee has been very strategic in developing standards for best practices with regards to Charter SELPA participation, unspent funds, audit reviews, and special education student identification rates. We believe that we have clearly defined our expectations, specific measurement points, and follow up process. An important part of our process is the creation of our Integrated Review Team (IRT). An IRT consists of Charter SELPA program and business leadership meeting with the charter school leadership team. The goal is for the Charter SELPA to clearly identify the areas where a charter is not meeting expectations, discuss any underlying issues which may be impacting the findings, and identify how the Charter SELPA can assist the charter in any necessary corrective action. In some instances, a program visit may be done instead of an IRT visit. A program visit would include a Charter SELPA program specialist and/or the Charter SELPA director.
El Dorado Charter SELPA/ Membership Revocation Policy
Page 1 of 3
CHARTER SELPA MAY 2013 CEO COUNCIL
ATTACHMENT 7
MEMBERSHIP REVOCATION POLICY
Examples of existing best practices, measurement points, and identified follow up: A student identification rate of less than 4% may result in a Charter SELPA program visit or IRT visit. Unspent funds greater than 25% will result in an IRT visit. No participation at identified review points will result in a letter of concern and a possible program visit. Annual independent charter audit which shows serious fiscal solvency issues or material findings may result in a letter of concern and/or an IRT visit. In addition to the defined practices for these four areas, the Charter SELPA will have concerns when there are compliance issues identified or leadership issues that cause us to believe that special education services to students may be impacted.
RECOMMENDATION We recommend approval of revisions to CEO Policy 22. The revisions would provide for Charter SELPA to make revocation decisions, with a clearly defined appeal process through CEO Executive Committee. Current policy rests all decision making with CEO Council. This policy was developed in the early stages of the Charter SELPA before the Executive Committee was formed.
REVISED CEO POLICY 22 (PORTION OF POLICY THAT DEALS WITH REVOCATION) Membership maybe revoked by the CEO Council Charter SELPA, if it finds that the charter LEA did any of the following: • Committed a material violation of any of the conditions, standards, or procedures set forth in this policy or the Local Plan; • Failed to meet generally accepted accounting principles, failed to produce required financial information, or engaged in fiscal mismanagement of funds; • Violated any provision of law applicable to the LEA relating to special education; • Has a history of complaints and non-compliance with CDE. • Charter has consistently served a low percentage of students and we do not believe the charter is setting forth their best efforts to identify and serve special education students; • Lack of participation in the Charter SELPA (CEO Council, Steering Committee, trainings, finance committee), which is impacting their ability to provide quality special education services to students; • Charter is experiencing financial issues of such a nature that it is impacting their ability to provide special education services; • Charter has significant special education noncompliance and, in the opinion of the Charter SELPA, is not committed to the necessary organizational investment in training and staffing to ensure future compliance; • Charter is experiencing leadership issues that cause the El Dorado Charter SELPA to believe the charter is not able to appropriately provide services to students with special needs; and • Other issues identified by Charter SELPA staff that impact the ability of the charter to adequately provide special education services to students. The charter member shall be provided with the notice of intent (in writing) and such notice shall include the reasons for the request to revoke membership. The CEO Council shall examine the pattern of conduct by the LEA in implementing special education laws. The decision to revoke may be based on the ability of the LEA to cure and correct violations and/or the LEA’s ability to ensure ongoing, consistent compliance with all applicable special education laws. The Charter LEA will be given notice in writing, and an opportunity to cure and correct the violations cited. The Charter LEA may request a meeting with the CEO Council to appeal and present their case. The decision of the CEO Council shall be final. Appeal Process: If a charter does not agree with the findings and wishes to appeal, they must request in writing an appeal to the Charter SELPA CEO Executive Committee.
El Dorado Charter SELPA/ Membership Revocation Policy
Page 2 of 3
CHARTER SELPA MAY 2013 CEO COUNCIL
ATTACHMENT 7
MEMBERSHIP REVOCATION POLICY
The appeal may request the opportunity to meet directly with the CEO Executive Committee and the CEO Executive Committee will schedule accordingly. A minimum of five members of the Executive Committee shall be present for the appeal process. After the appeal is heard, the Executive Committee shall make a finding and direct the Charter SELPA executive director to notify the charter of their findings. Timeline: El Dorado Charter SELPA (RLA) will provide written notice by June (one year prior to revocation date). Charters are expected to immediately pursue other options for SELPA membership; however, there is an appeal process in place for consideration. Appeals must be submitted by November 1. CEO Executive Committee will hear appeals at the November CEO Executive Committee meeting. CEO Executive Committee will provide written notice of their findings by December 1. CEO Executive Committee may provide conditions the charter must meet in order to have the written revocation rescinded. A review of charter compliance with the conditions of approval must be met by March 1. By March 1, the Charter SELPA will meet with the charter to determine compliance with any conditions provided by the Executive Committee. By March 15, the Charter SELPA will provide the charter with written notice if they have met the conditions. If conditions are met, notice of revocation will be rescinded in writing and the charter may continue membership for the next year.
El Dorado Charter SELPA/ Membership Revocation Policy
Page 3 of 3
